Conviction for Bulger’s ex-FBI handler thrown out

[alp227]

Source: Boston Globe

The murder conviction of former FBI Agent John J. Connolly Jr., Whitey Bulger’s corrupt handler, has been thrown out by an appeals court in Florida.

Connolly had appealed from his conviction for participating in a scheme to murder businessman John Callahan in Florida in 1982.

Florida’s Third District Court of Appeal said it was sending the case back to a lower court to “discharge Connolly therefrom.” But it also said, “Connolly’s discharge shall be stayed until and any all post-appeal motions are final.”

The technical decision issued by the court turned on the fact that Connolly was convicted of second-degree murder with a firearm.

Read more: http://www.bostonglobe.com/metro/2014/05/28/florida-court-vacates-murder-conviction-corrupt-fbi-agent-john-connolly-handler-whitey-bulger/AtpgTnEpQWtHaD5YnHt99H/story.html

[Warren Stupidity]

1. What a farce. The FBI ran a murderous gang of thugs for 20 years.

[billhicks76]

3. No Justice in the US

And in my opinion we were just wasting time pretending Obama would do anything to help us get justice. It's Just Us folks.

[happyslug]

2. Here is the court's opinion

http://www.3dca.flcourts.org/Opinions/3D09-0280.pdf

This "Acquittal" appears to a factor of Florida Law in 1982, the time of the Murder. While First Degree Murder had no statute of Limitation, Second degree Murder was subject to a four year statute of limitation, unless commited with a Firearm, then it could be reclassify as a "Life Felony" under Florida law.

Florida appears to have a method to "Reclassify" a Felony to a higher Felony if someone is convicted of a crime with a firearm. In this case the Jury found the Defendant Guilty of Second degree Murder with a firearm. The Judge then "Reclassified" the crime as a "Life Felony" as permitted by Florida law.

The problem was Connolly did carry a firearm while participating in the planning of the murder and had it on him when the murder occurred, but both he and that firearm was in Boston at the time of the actual Murder. Thus the Court of Appeals ruled that as a matter of law his action in regards to the murder DID NOT INCLUDE THE USE OF HIS FIREARM.

No one disputes the fact that Connolly's firearm was NOT the murder weapon, no one disputes Connolly did NOT handle the Murder Weapon on the day of the Murder (he was in Boston). The prosecution said the mere fact Connoly carried his service revolver when planning the murder was sufficient. The Trial Court accepted that argument, but the Appeals Court rejected it. The Court of Appeals basically said the enhancement rule for Second Degree Murder only applied to a actual user of the firearm (even if the use was to hand it to someone else), not to someone who never touched the firearm.

Please note without the enhancement (Reclassification) of the conviction for Murder in the Second Degree, the Charge of Second Degree Murder was time barred. Florida Law in 1982 gave such crimes a four year statute of limitation and that had long run by the time Connolly was charged with murder. Thus no enhancement of the Second Degree Murder Conviction and the charge is time barred.